Orange County Orange County Building SafetyBuilding Safety//

Consumer Fraud UnitConsumer Fraud Unit

Unlicensed Contracting Unlicensed Contracting

Board of County CommissionersBoard of County Commissioners

January 15, 2013January 15, 2013

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• Proposed Code RevisionsProposed Code Revisions

• SummarySummary

• Action RequestedAction Requested

Presentation OutlinePresentation Outline

• BackgroundBackground

• Citation & Fine Process Citation & Fine Process

• Proposed Code Revisions Proposed Code Revisions

• SummarySummary

• Action Requested Action Requested

• Unlicensed contractor activityUnlicensed contractor activity– fosters sub-standard constructionfosters sub-standard construction

– creates an economic burden for tax payerscreates an economic burden for tax payers

– violates F.S. 489 and Chapter 9, Orange County Codeviolates F.S. 489 and Chapter 9, Orange County Code

• Current local regulations do not provide Current local regulations do not provide penalties for unlicensed contractor activitypenalties for unlicensed contractor activity

• Assistance requested by construction industry Assistance requested by construction industry groups and citizensgroups and citizens

• Consumer Fraud Unit investigates and mediates criminal construction related complaints on a daily basis

BackgroundBackground

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• Proposed Code RevisionsProposed Code Revisions

• Summary Summary

• Action RequestedAction Requested

Citation & Fine Process

CitationsCitations

1.1. Investigation is initiated from citizen’s Investigation is initiated from citizen’s complaintcomplaint

2.2. Case file is opened, violator identifiedCase file is opened, violator identified

3.3. Violation is confirmed:Violation is confirmed:• Dept. of Business & Professional RegulationDept. of Business & Professional Regulation

• Orange County Building OfficialOrange County Building Official

• Statements / EvidenceStatements / Evidence

4.4. Citation is Issued: Citation is Issued: • ““Pay By” DatePay By” Date

• Appeals DateAppeals Date

Citation & Fine Process

Appeals ProcessAppeals Process

• Building Codes Board of Adjustments Building Codes Board of Adjustments and Appeals (BCBAA) hears appeals and Appeals (BCBAA) hears appeals and renders determinationsand renders determinations

• Civil penalty not to exceed $500Civil penalty not to exceed $500

• If violator is a “no show,” their right to If violator is a “no show,” their right to appeal is waivedappeal is waived

• Ignored citations – collection actionIgnored citations – collection action

Citation & Fine Process

Fines and Payment ProcessFines and Payment Process

• PaymentPayment• Cash, money order, or certified checkCash, money order, or certified check

• Revenue from fines is deposited in General FundRevenue from fines is deposited in General Fund

• Non PaymentNon Payment• Collection action by O.C. Consumer FraudCollection action by O.C. Consumer Fraud

• FinesFines• $75 - $250 per violation$75 - $250 per violation

• $500 for repeat violators$500 for repeat violators

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• Proposed Code RevisionsProposed Code Revisions

• Summary Summary

• Action RequestedAction Requested

Proposed Code Revisions

Chapter 9, O.C. CodeChapter 9, O.C. Code

• Empower Consumer Fraud Unit to issue civil Empower Consumer Fraud Unit to issue civil citations for unlicensed contractingcitations for unlicensed contracting

• Appeals heard by Building Codes Board of Appeals heard by Building Codes Board of Adjustments and Appeals (BCBAA)Adjustments and Appeals (BCBAA)

• Citations and fines act to deter unlicensed Citations and fines act to deter unlicensed activityactivity

• Criminal prosecution still availableCriminal prosecution still available

Proposed Code Revisions

Sec. 9-4. Building Codes Board of Adjustments and Appeals; creation; membership; meetings; quorum; powers and duties.

– (m) (12) To conduct hearings on charges of any violation pursuant to Article IX of this Code.

Sec. 9-323. Code enforcement officers. (a) The board of county commissioners hereby authorizes the county administrator or the county administrator's appointee to designate certain persons as defined by F.S. Ch. 162, including, but not limited to, consumer investigators assigned to the Orange County Consumer Fraud Investigative Unit, defined in Chapter 13, Orange County Code, as code enforcement officers who shall have the powers and limitations prescribed herein and by statute.

Proposed Code Revisions

Proposed Code Revisions

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• Proposed Code RevisionsProposed Code Revisions

• Summary Summary

• Action RequestedAction Requested

SummarySummary

• Citations for unlicensed contractor activity issued by Orange County Consumer Fraud Unit.

• Appeals to be heard by the BCBAA.

• Fast, efficient process that does not burden the judicial system.

• Responds to the needs of citizens and industry groups.

• Revenue from fines offsets operating expenses.

Presentation OutlinePresentation Outline

• Background Background

• Citation & Fine ProcessCitation & Fine Process

• Proposed Code RevisionsProposed Code Revisions

• Summary Summary

• Action RequestedAction Requested

Action RequestedAction Requested

BCC direction regarding the proposed amendments to Orange County Code Chapter 9 relating to unlicensed contracting.

Orange County Orange County Building SafetyBuilding Safety//

Consumer Fraud UnitConsumer Fraud Unit

Unlicensed Contracting Unlicensed Contracting

Board of County CommissionersBoard of County Commissioners

January 15, 2013January 15, 2013